Double Jeopardy and Dismissed charges

UPDATED: May 25, 2009

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Double Jeopardy and Dismissed charges

Two counts of second degree murder were dismissed against me and replaced with two counts of aggravated assualt charges. The state offered a plea agreement for one count of assualt non-dangerous and i accepted. At sentencing the judge in his impostion of sentence stated “its a shame we lost two lives in shuch a short period of time and Mr. smith it is giong to change your life. and your lawyer pull you out of a murder charge to some degree, this took some time. Is this double jeopardy? The state was recommending probation and I got sentenced to 4.5 years. please respond ASAP

Asked on May 25, 2009 under Criminal Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

NO. You plead guilty to and were convicted and sentenced on one charge and the judge has the right to impose a sentence on that one charge within the limits established by law on that charge. In light of the facts he may have imposed a higher sentence that you hoped for or the prosecutor recommended, but that's why he's the judge. It is not double jeopardy.

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